Mass Dist: Property

Front 1

Duration of fee simple determinable ANd

fee simple subject to condition subsequent

Back 1

become fee simple if contingency doesn't occur within 30 years from date teh defeasible fee becomes possessory

Front 2

When does usrap apply

Back 2

1. interests created before 6/30/90
(a) court reform interest to approximate creator's will and keep within perpetuities limit

2. interests created after 6/30/90
(a) alternate 90 year vesting period. Okay if actually vests or interest terminates within 90 years ov creation
(b) if interest invalid, court may reform in manner most closely approximating creator's will

Front 3

reqs for creation of

1. tenancy by entirety

2. joint tenancy

Back 3

express statement that tenancy by entirety being created

Creation of joint tenancy requires express langauge of right of survivorship

Conveyance to h and w without any express language creates tenancy in common

Front 4

w in tenancy by entirety encumbers her interst and dies. What does h get?

Back 4

total property free of encumbrances

Front 5

periodic tenancies in MA

Back 5

Called tenancies at will

An oral lease creates a tenancy at will. (SOF prevents creation of term of years)

Front 6

When tenant evicted by landlord self-help (without court order)

Back 6

l liable for treble damages or three months rent

plus attys fees

Front 7

provision in lease terminating tenancy if children will occupy

Back 7

Void unless

1. three uintes or less and one occupied by elderly for whom kid would be hardship

2. owner occupied 2-unit

3. owner's principal place of residence except for temporary lease

Front 8

When can tenants withhold rent?

Back 8

1. commercial tenants can't when l breaches warranty of fitness or habitability

2. residential tenants can if:
(a) warranty of habitability breached
(b) notice to landlord of witholding and
(c) conditions may endanger or impair health or safeyt of tenants

Front 9

unlawful activity in common areas

Back 9

breaches warranty of quiet enjoyment

NOT warranty of habitability

Front 10

When does presumption that eviction is retaliatory apply?

Back 10

when eviction w/6 months of tenant complaint
or
valid withholding of rent

Front 11

injuries in leased residence

Back 11

landlord liable for unsafe conditions of which had written notice and didn't correct within reasonable time

Front 12

right of owner of real estate abutting private way

to put utilities on and through way

Back 12

valid if

1) recorded rights of ingress and egress

2. utilties don't unreasonably obstruct private way

3) doesn't interfere with existing use

Front 13

Servitudes implied from common scheme

Back 13

MS strictly applies sof provisions. Thus does not recognize the common scheme basis for implied servitudes

Front 14

Limitations and continuous period for adverse possession

Back 14

Uninterrupted open possessoin for 20 years

Continuity need is strictly interpreted. Any break is sufficient to render possession non-continuous.

Front 15

When is wild or woodland adversely possessed

Back 15

only when enclosed and reduced to cultivation

and meets other reqs

Front 16

Who bears risk of loss prior to closing in sale of land?

Back 16

party in possession of property

Front 17

effect of recording a deed

Back 17

conclusive evidence of delivery

Front 18

deeds in ma

Back 18

1. release deed
- no warranties

2. warranty deed
- six warranties

3. quitclaim deed
- warrant that seller didn't encumber or sell to anyone else

Front 19

recording statute

Back 19

notice jurisdiction

Front 20

water doctrine in ma

Back 20

riparian doctrine, giving reasonable use to riparian landowners

but great ponds are available for use by general public